1. The plaintiff's respective claims against the defendants are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 21, 201, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security registration”) with respect to the real estate indicated in the attached list owned by the Plaintiff, G, and the Plaintiff as the Plaintiff, in order to secure the claim for the purchase price for goods to G arising from the operation of F in the E building 401, 105, 401, and 105, in e.g., the Plaintiff completed the registration on April 21, 2011.

B. At the time of November 17, 2011, D’s debt to G was KRW 64,641,662.

On November 25, 2011, the Plaintiff paid KRW 15 million to H, an employee of G, who is an employee of G.

C. G died on October 19, 2013, and the Defendants succeeded to it.

The Defendants filed an application for voluntary auction with Jeju District Court I on the basis of the foregoing right to collateral security and received a decision to commence voluntary auction from the above court on November 4, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including paper numbers), part of Gap evidence Nos. 3, Eul evidence Nos. 1, 2, and 3 (including paper numbers), witness H and D's testimony and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that D agreed to cancel the registration of the instant collateral security upon receipt of KRW 15 million with G, and that the Plaintiff paid KRW 15 million to H, a member of G, so the Defendants, a heir of G, are obligated to cancel the registration of the instant collateral security in accordance with the above agreement.

As to this, the Defendants asserted that G did not have agreed with D as above, and that it did not have an obligation to cancel the registration of the instant collateral security before receiving the remainder of the goods price.

B. The evidence No. 3, as shown in the reasoning of the judgment, is not prepared by G, but prepared by H, its employee, and H has the authority to cancel the registration of the instant collateral security at the time.

There is no evidence to acknowledge that the G had been delegated the authority from or delegated to G to that effect, and that G did not register the instant collateral security.